KEY POINTS
-
South Africa’s Constitutional Court ruled prisoners can use offline laptops for studies in cells, overturning a ban criticized for violating educational rights.
-
The court rejected Correctional Services’ security arguments as unproven, ordering a revised policy within a year while allowing interim laptop access for registered students.
-
The case, led by inmate Sidney Ntuli, sets a precedent for prioritizing rehabilitation through education, with over 1,200 incarcerated students poised to benefit.
South Africa’s Constitutional Court has delivered a groundbreaking verdict, declaring that incarcerated students may use personal laptops in their cells for academic purposes, provided devices lack internet connectivity.
The unanimous ruling, handed down on Wednesday, strikes down a Correctional Services policy deemed unconstitutional for violating prisoners’ right to further education.
According to IOL, The decision follows a seven-year legal battle spearheaded by inmate Sidney Ntuli, who argued restrictive access to prison computer rooms hindered his studies.
Under the revised guidelines, eligible prisoners must be registered students at accredited institutions and surrender laptops for random inspections.
Violations of terms—such as unauthorized modem use—could result in revoked privileges. “This judgment is confined to educational purposes and does not endorse personal computers for other uses,” the court clarified. The ruling mandates the Department of Correctional Services to draft a revised policy within 12 months, ending a blanket ban criticized as discriminatory.
Judges dismiss security fears as “bogeyman threats” without evidence
The department had defended its policy, citing risks like contraband smuggling via laptops and electrical hazards from cords. However, the court lambasted these claims as unsubstantiated, noting “a glaring dearth of evidence to justify these security concerns.” Justice Leona Theron, writing for the bench, dismissed comparisons to illicit cellphone use as “up the creek without a paddle,” emphasizing no proof existed that study laptops endangered facilities.
Ntuli, incarcerated at Johannesburg’s Leeuwkop Correctional Centre, launched the case in 2018 after being confined to six hours daily outside his cell, insufficient to use communal computer labs.
Though he has since completed his degree, his fight secured rights for over 1,200 inmates currently pursuing tertiary education nationwide. Advocacy groups hailed the decision as transformative. “Education reduces recidivism by 30%—this ruling empowers rehabilitation,” said Zia Wasserman of the Wits Justice Project.
Critics, however, warn of implementation challenges. “Guarding against tech misuse requires robust oversight,” cautioned prison security expert Thabo Mbeki. Correctional Services has yet to comment but faces pressure to upgrade monitoring systems ahead of the policy overhaul.